HomeMy WebLinkAboutCOUNCIL MINUTES 1953-12-17 Page 131$
MINUTES OF THE ONE HUNDRED EIGHTH REGULAR MEETING
OF THE COUNCIL OF THE CITY OF LIVONIA
On December 17, 1953, above meeting was held at 33001 Five Mile Road,
Livonia, Michigan, and was called to order at approximately 8:06 P. M., by the
President of the Council, Harry S Wolfe. Roll was called with the following
result: Present, Harry S Wolfe, Wilson W Edgar, Raymond E. Grimm, John W.
Whitehead, Nettie Carey and William J Taylor Absent, Harold Bower
Councilman Grimm gave the following invocation:
" Once more, Dear Father, we are approaching the close of
another year. For all the blessings we have received, we
thank Thee May it be the desire of people everywhere to
promote the good things of the past into the future. May
there be peace and contentment in our homes and throughout
the world this day The contentment that comes from serenity
of mind and the spiritial well-being of those who believe in
the inherent goodness of man and who have faith in the wisdom
and mercy of Divine Providence "
Minutes of the 107th regular meeting held November 23, 1953 and adjourned
to November 30, 1953 and December 3, 1953, were read and approved.
By Councilman Edgar, seconded by Councilman Grimm and unanimously
adopted, it was
#799 RESOLVED that, the hour of 8:30 P M , having arrived
the City Clerk open and read all sealed bids received on a
heavy duty trailer for the Department of Public Works.
The City Clerk thereupon opened and read the following sealed bids
1 Cyril J Burke, Inc $3,110.00
2. Marens Equipment Co. 2,950.00
3 R G Moeller Co. 3,294 00
4 W H Anderson Co 3,110.00
By Councilman Edgar, seconded by Councilman Whitehead and unanimously
adopted, it was
#800 RESOLVED, that the foregoing bids be referred to the
Department of Public Works for its report and recommendation
...
The City Clerk read a communication from the Planning Commission dated
November 20, 1953 pertaining to Petition # Z 6 A of Anne B Slapinskas, the
Page 1319
petitioner, represented by Harry Pratt, attorney. Ben Knoppow appeared as
attorney for Dewey A Moore, et al, objectors, on whose behalf he filed written
r..
objections and made oral argument.
By Councilman Edgar, seconded by Councilman Grimm and unanimously adopted,
it was
#801 RESOLVED that, the report and recommendation of the City
Planning Commission on Petition # Z 6 A of Anne B Slapinskas for
change of zoning classification are hereby rejected, and said
petition is hereby denied.
At approximately 9:40 P M , a fifteen minute recess was called,
following which the meeting was resumed with all members of the Council present
who were named as present in the original roll call of this meeting
By Councilman Grimm, seconded by Councilman Taylor and unanimously
adopted, it was
#802 RESOLVED that, the report and recommendation of the City
Planning Commission dated November 20, 1953 on Petition # 228 of
Newman Farms for change of zoning classification are hereby approved;
and the City Attorney is directed to prepare an amendment to the
Zoning Ordinance in accordance with this resolution.
By Councilman Carey, seconded by Councilman Whitehead, and unanimously
adopted, it was
#803 RESOLVED that, the report and recommendation of the City
Planning Commission dated November 20, 1953 on Petition # Z30 of
Ralph I Seely, et al, for change of zoning classification are hereby
approved; and the City Attorney is directed to prepare an amendment
to the Zoning Ordinance in accordance with this resolutioh
By Councilman Grimm, seconded by Councilman Whitehead and unahimously
adopted, it was
#804 RESOLVED that, the report and recommendation of the City
Planning Commission dated November 20, 1953 on Petition # Z31 of
Wm and Myrtle Eplett for change of zoning classification are
hereb; approved, and said petition is hereby denied.
By Councilman Whitehead, seconded by Councilman Taylor and unanimously
adopted, it was
Page 1320
#805 RESOLVED that, the report and recommendation of the City
Planning Commission dated November 20, 1953 on Petition # Z32 of
Deo V. Duryee, for change of zoning classification are hereby
approved; and the City Attorney is directed to prepare an amendment
to the Zoning Ordinance in accordance with this resolution.
By Councilman Taylor, seconded by Councilman Grimm and unanimously
adopted, it was
#806 RESOLVED that, the report and recommendation of the City
Planning Commission dated November 20, 1953 on Petition # Z33 of
Clifford A. Greene, for change of zoning classification are hereby
approved; and the City Attorney is directed to prepare an amendment
to the Zoning Ordinance in accordance with this resolution.
A discussion took place on Petition # Z34, which was tabled temporarily.
By Councilman Carey, seconded by Councilman Grimm and unanimously
adopted, it was
#807 RESOLVED that, the report and recommendation of the City
Planning Commission dated November 20, 1953 on Petition # Z35 of
Lawrence G and Viola R Sellake, for change of zoning classification
are hereby approved, and said petition is hereby denied.
By Councilman Taylor, seconded by Councilman Grimm and unanimously
sm.
adopted,it was
#808 RESOLVED that, the report and recommendation of the City
Planning Commission dated November 20, 1953 on Petition # Z36 of
Harry Smith, et al, for change of zoning classification are hereby
approved, and said petition is hereby denied.
By Councilman Whitehead, seconded by Councilman Carey and unanimously
adopted, it was
#809 RESOLVED, that, the report and recommendation of the City
Planning Commission dated November 20, 1953 on Petition # Z37 of
Consumers Power Company, for change of zoning classification are
hereby approved; and the City Attorney is directed to prepare an
amendment to the Zoning Ordinance in accordance with this resolution
By Councilman Carey, seconded by Councilman Taylor and unanimously
adopted, it was
#810 RESOLVED that, the report and recommendation of the City
Planning Commission dated December 8, 1953 on Petition V-1 of Dr
r... Gordon Eadie, for vacating of a portion of Oakdale Avenue is hereby
approved; and the City Attorney directed to prepare an Ordinance
consistent with this resolution
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By Councilman Whitehead, seconded by Councilman Grimm, it was
#811 RESOLVED that, pursuant to the recommendation of the Depart-
um. ment of Public Works dated December 17, 1953, the installation of
water mains and fire hydrants in Belaire Gardens Subdivision, on
the following streets-
Along From To
Henry Ruff West Chicago Orangelawn
Doris Orangelawn Louise
Fremont Louise Orangelawn
Oporto Orangelawn Middlebelt
Richland Henry Ruff Oporto (eastern intersection
W Chicago Henry Ruff Middlebelt
Middlebelt West Chicago Oporto
are hereby accepted and approved; provided, however, that this
resolution shall not become effective until payment is made of
the Wayne County inspection fee in the amount of 3 1/2 cents per
foot
A roll call vote was taken on the foregoing resolution with the following result:
AYES. Edgar, Grimm, Carey, Whitehead, Taylor and Wolfe
NAYS- None
hu` By Councilman Grimm, seconded by Councilmah Carey, it was
#812 RESOLVED that, pursuant to recommendation of the Department
of Public Works dated December 17, 1953, the installation of storm
and sanitary sewers within Belaire Gardens Subdivision, the location
of which sewers is set forth in such recommendation, is hereby
accepted and approved, provided, however, that this resolution
shall not be effective until there :las been paid to the City of
Livonia all inspection fees and other charges due in connection
with said sewers
A roll call vote was taken on the foregoing resolution with the following result:
AYES: Edgar, Grimm, Carey, Whitehead, Taylor and Wolfe
NAYS. None
The City Clerk next read to the Council a letter from the Police and
Fire Associations of the City of Livonia requesting a hearing on the proposed
Retirement Plan Ordinance. Harry Burton, Secretary of the Civil Service Com-
mission, likewise appeared before the Council and submitted a report prepared
by the Commission under date of December 17, 1953 Members of the Police and
Fire Departments were also present and took part in a discussion with the
Page 1322
Council on both the merits of the Social Security Plan as well as the proposed
Retirement Plan Ordinance.
Councilman Taylor made a motion that the following resolution be
adopted:
Resolved that, the resolution adopted by the City Council
on December 3, 1953, agreeing with the State of Michigan and the
Federal Security Administrator, that the benefits of the Social
Security Act be extended to all persons included within the Civil
Service of the City of Livonia, be rescinded.
The above motion received no support and President Wolfe declared that
it was lost for want of a second.
With the consent of all members present, the proposed ordinance
entitled "An Ordinance Establishing a Retirement Plan, Creating a Board of
Trustees and Providing for the Administration of Such Plan" which was introduced
by Councilman Grimm at the adjourned 107th regular meeting of the Council held
on December 3, 1953, was taken from the table and a roll call vote was conducted
thereon with the following result:
AYES: Edgar, Grimm, Whitehead, Carey and Wolfe.
NAYS: Taylor
President Wolfe declared that the foregoing Ordinance was duly adopted
and will become effective on the date of publication which will be December 31, 1953
Petition # Z34 was taken from the table for further consideration.
By Councilman Grimm, seconded by Councilman Edgar and unanimously adopted, it
was
#813 RESOLVED that, the report and recommendation of the City
Planning Commission dated November 20, 1953 on Petition Z34 of Fred
S Kingon, et al, for change of zoning classification are hereby
approved; and the City Attorney is directed to prepare an amendment
to the Zoning Ordinance in accordance with this resolution.
By Councilman Edgar, seconded by Councilman Carey and unanimously
r.. adopted, it was
Page 1323
#814 RESOLVED that, pursuant to the recommendation of the
Department of Public Works dated October 15, 1953, it appearing
that the proposed Plat of Livonia Estates Subdivision, a part of
the West 1/4 of the South East 1/4 of Section 36, Town 1 South,
Range 9 East, City of Livonia, Wayne County, Michigan, has hereto-
for been approved by the City Planning Commission and that all of
the improvements in said Subdivision have been installed in accordance
with the provisions of the Plat Ordinance, said Plat is hereby approved
and the City Clerk is authorized to affix her signature thereto on
behalf of the City of Livonia as evidence of such approval.
By Councilman Carey, seconded by Councilman Grimm, it wqs
#815 RESOLVED that, pursuant to a recommendation from the Depart-
ment of Public Works dated December 10, 1953, the concrete paving on
the streets in Greenette Subdivision, which streets are described in
such recommendation, is hereby accepted and approved; provided, however,
that this resolution shall not be effective until all inspection fees
and other charges due to the City of Livonia have been fully paid
A roll call vote was taken on the foregoing resolution with the following result:
AYES: Edgar, Grimm, Whitehead, Carey, Taylor and Wolfe.
NAYS Nohe
By Councilman Grimm, seconded by Councilman Carey, it was
#816 RESOLVED, that the J F Ferry Merriman Subdivision, part of
the northwest quarter of Section 35, Town 1 South, Range 9 East, City
of Livonia, Wayne County, Michigan, having been tentatively approved
by the City Planning Commission on November 17, 1953; and there having
been filed a report from the Department of Public Works dated December
16, 1953, recommending that said J F Ferry Merriman Subdivision be
approved and that a bond in certain amounts be furnished to the City
of Livonia; the City Council does hereby approve the proposed plat of
said J F Ferry Merriman Subdivision; provided, however, that such
approval is made on the following conditions:
(1) That a copy of plans and specifications of all subdivision
improvements as required under Plat Ordinance No 44 shall be
filed in the office of the City Clerk and with the Department
of Public Works after such plans have been approved by the
respective agencies whose approval is required according to law;
(2) All of such improvements shall be installed in conformance
with the Plat Ordinance (No. 44) of the City of Livonia and the
rules and regulations of the Department of Public Works, within
a period of two years from the date of this resolution;
(3) That the installation of such improvements shall be supervised
and inspected by the Department of Public Works and such improve-
ments shall not be considered as having been satisfactorily in-
stalled until there is filed with the Council a Certificate as
provided in Sectionl4 of said Ordinance No. 44;
Page 1324
(4) And the City Clerk shall affix her signature on said Plat as
evidence of this approval only on satisfactory installation of
said improvements or, in lieu of, upon filing with her by the
room proprietors of such Subdivision, a bond to the City of Livonia
either in the cash amount of $185,000 00, or signed by an approved
Surety Company in the amount of $185,000.00, which bond shall be
in such form as may be approved by the City Attorney.
A roll call vote was taken on the foregoing resolution with the following result.
AYES: Edgar, Grimm, Whitehead, Carey, Taylor and Wolfe
NAYS: None.
By Councilman Grimm, seconded by Councilman Carey, it was
#817 RESOLVED, that, the Council having considered the request
dated December 14, 1953 of Warner and Warner Engineers, acting for
Grandville Construction Company, for approval of Heiman Park Subdivision
part of the West 1/2 of the North East Quarter of Section 9, Town 1
South, Range 9 East, City of Livonia, Wayne County, Michigan, and the
Council likewise having considered the plans for the improvements in
said Helman Park Subdivision, as prepared by Warner and Warner and as
approved by the Department of Public Works under date of December 16,
1953; and the Council having further considered a communication from
the Director of Public Works dated December 16, 1953, recommending
that said Heiman Park Subdivision be approved and that bonds in certain
r.� amounts be furnished to the City of Livonia, and it further appearing
that tentative approval of said Subdivision was given by the City
Planning L'ommission dated July 21, 1953; the City Council does hereby
approve the proposed Plat of said Helman Park Subdivision; provided,
however, that such approval is made on the following conditions.
(1) All of such improvements shall be installed in conformance
with the Plat Ordinance (No 44) of the City of Livonia and the
rules and regulations of the Department of Public Works, within
a period of two years from the date of this resolution;
(2) That the installation of such improvements shall be supervised
and inspected by the Department of Public Works and such improve-
ments shall not be considered as having been satisfactorily in-
stalled until there is filed with the Council a Certificate as
provided in Section 14 of said Ordinance No. 44;
(3) And the City Clerk shall affix her signature on said Plat as
evidence of this approval only on satisfactory installation of
said improvements or, in lieu of, upon filing with her by the
proprietors of such Subdivision, a bond to the City of Livonia
either in the cash amount of $116,000.00, or signed by an approved
Surety Company in the amount of $116,000 00, which bond shall be
in such form as may be approved by the City Attorney.
'�- A roll call vote was taken on the foregoing resolution with the following result:
AYES: Edgar, Grimm, Whitehead, Carey, Taylor and Wolfe
NAYS: None.
Page 1325
By Councilman Edgar, seconded by Councilman Carey and unanimously
adopted, it was
#818 RESOLVED that, the communication from James Marsh dated
November 30, 1953 be referred to the City Attorney who is authorized
to take such legal action as may be necessary against the contractor
Sugden and Sivier to satisfy the claim of said James Marsh, and all
other outstanding claims against said contractor.
By Councilman Carey, seconded by Councilman Grimm, it was
#819 RESOLVED that, the law firm of Miller,Canfield, Paddock
and Stone is hereby retained, pursuant to Section 14, Chapter V of
the Charter, as special legal counsel for the City of Livonia in
the chancery proceedings in the Wayne Circuit Court entitled John
T. Daugherty vs City of Livonia, No. 512,981, with full authority
to represent the City in such proceeding, to file therein all
necessary pleadings and to take such action as may be necessary
to obtain a favorable decision in such proceeding and fully protect
the interests of the City of Livonia, that said law firm is further
authorized to take such appeals and such other steps as may be
necessary in obtaining a final determination of said proceeding
in said court and in the Michigan Supreme Court; and that this
retention is made in accordance with a letter from Miller,Canfield,
Paddock and Stone to the City Attorney dated December 17, 1953, the
terms and conditions of which are hereby approved.
A roll call vote was taken on the foregoing resolution with the following results
AYES: Edgar, Grimm, Whitehead, Carey, Taylor and Wolfe.
NAYS. None
By Councilman Grimm, seconded by Councilman Carey and unanimously
adopted, it was
#820 RESOLVED that, the letter from Brown and Raisch Company
dated November 16, 1953 is hereby placed on the table for further
consideration.
By Councilman Whitehead, seconded by Councilman Grimm and unanimously
adopted, it was
#821 RESOLVED that, the City Attorney is hereby authorized and
directed to take an appeal to the Michigan Supreme Court in the case
of Jacoby vs the City of Livonia.
On motion of Councilman Whitehead, seconded by Councilman Taylor,
and unanimously adopted, the 108th regular meeting of the Council was duly
Page 1326
adjourned at 12.45 A M , on December 18, 1953.
Mar - 4N\Clark, City Clerk
Attested:
i
/ /
Harry S, •lfe, Presid: t